Is money borrowed but shown?

Bo
10

It is so that because my laptop broke, I definitely needed a new one for my studies, especially because of the online courses, and at the time I didn't have enough because I had spent a lot for Christmas because I would like to give my loved ones something by mail and gifts had bought online because of Corona

My laptop broke a month ago and needs a new one quickly and my mother had offered me to buy a new one and I can pay the money back at some point as soon as I have it

Since I had already spent too much for this month, I have to pay it off in installments or in full in a few months, but then there was a dispute in the family and my mother told me if I would not pay her back the money in the shortest possible time will display

I asked a friend who studied law and he said that it was a donation and that no fixed date was agreed until when the debts have to be paid, so she can't report me

But I'm kind of scared because I really don't have any money at the moment and I don't want any more difficulties, I'm just overwhelmed at the moment

In case you are interested the argument started because my mother is not happy with what I'm doing because I bought a lot of things for Christmas and gifts and because she found out that I'm gay and you don't like it, but I can't help it what I'm

hope i have answer

Si

As long as you have nothing in writing, your mother can't charge you for it.

She needs a receipt, in black and white, that you received the money from her and that a repayment has been agreed. Without that, she can't do anything with the police.

Running around and with no evidence telling someone owes you money is easy.

Bo

Well she transferred it to my account and she can prove that but we had no time agreed for a repayment is that also a proof or you need a written confirmation that we had agreed that I will pay it back by a certain time because you said i should just pay back as soon as possible she said she will tell the police that i could have paid it back a long time ago if i hadn't spent so much money on gifts

Pe

There's no contract between you and your mother regarding the laptop - right? Even if there was one, it would be doubtful whether it would be recognized by a lawyer. So your mother can sue you (she should feel like it), but she won't get any of that. So you are legally on the right side. Anyone who gives money must always expect never to see it again. Friendship ends with money - that is a well-known saying.

My advice: Pay back what you can when you can. Even if it is so little. Show goodwill. Let your mother romp now. She will also calm down again when she realizes that she has nothing in hand.

Si

Just transferring money is not enough.

She can go to the police with the transfer slip and say that she gave you the money, all well and good.

But where does she have proof that you have to pay her back? You always need such an agreement in writing to legally enforce it.

Gu

Nothing happens with an advertisement. (Unless she accuses you of fraud.) That is civil law, so she has to sue herself.
The donation is nonsense, it was clear from the start that you would have to pay the money back. Your friend should perhaps look for a different course of study if he is giving completely wrong information about such simple matters.
If your mother wants to claim the money from you in court, then she must first set you in default, i.e. Ask you to pay the money back. She already has, but can she prove it? When she goes to the lawyer, he will first ask you to pay the money back by setting a deadline. But then you have to act.
Why don't you just give the gifts back and use the money to give your mother her money back? If you don't have money, you can't give big presents.

Bo

Because it came so spontaneously from her that was not planned, I had already thought that if she found out that I'm gay I would react like this, no matter if sooner or later, but I had not come out to her and the gifts are for my best Friends I don't want to give them back and that would be too much effort because they weren't so expensive I don't get much money but it would have been enough and it was agreed that I would pay it back for an indefinite period of time, as soon as I got the money back can which is not the case at the moment

We have that in WhatsApp chat that she wrote I should pay it back as soon as possible without overburdening myself because I have to pay rent and groceries too, but I have her threat in WhatsApp

I didn't want her to hate me or find out that I was gay

Gu

Your sexual orientation doesn't matter at first, of course I'm sorry that your mother reacts like that.

I think your law buddy was referring to the gift that you should claim it was in the hopes that your mother couldn't prove a loan deal. That falls into the water with the WhatsApp history. On the other hand, you have proof that it is an "indefinite term" loan. So you can insist on § 488 BGB, which stipulates that the loan can only be due after 3 months' notice - so it is not immediately…

You have to know whether 3 months are enough to raise the money, but maybe all the friends you have given so richly will help you…

Sorry, but you don't give big presents when money is tight. That is exactly what put you in this position in the first place.

Gu

WhatsApp history, did he forget to mention…

Si

A Whatsapp history is not an official document like a contract. Invalid.

Gu

A loan contract is not subject to any formal requirement, it can also be concluded orally.